Directive No. 21/2008/CT-TTg on further strengthening and enhancing the effectiveness of civil enforcement work

DIRECTIVE

Regarding the continued strengthening and enhancing the effectiveness of

civil enforcement work

Civil enforcement work plays a significant role in ensuring the effectiveness of court judgments and decisions of other competent authorities, contributing to protecting the interests of the State, the legitimate rights and interests of organizations and individuals, maintaining social order and safety.

In recent years, implementing Directive No. 20/2001/CT-TTg dated September 11, 2001 of the Government on strengthening and enhancing the effectiveness of civil enforcement work, there have been positive changes in civil enforcement work, with the number of completed enforcement cases increasing year over year; many complex enforcement cases were resolved conclusively; the organizational structure of enforcement agencies was improved, the professional qualifications of Enforcement Officers and enforcement staff were raised; administrative reform in enforcement was promoted with simpler but more rigorous procedures; material resources of enforcement agencies were strengthened; leadership and guidance from local Party committees and governments, supervision by People's Councils at all levels, the Vietnam Fatherland Front, mass organizations, and Delegations of National Assembly Members were given continued attention; Provincial Steering Committees for enforcement were established and operated effectively, contributing significantly to resolving many complex enforcement cases... However, the implementation of Directive No. 20/2001/CT-TTg has not yet brought about fundamental changes in civil enforcement work as envisaged, and there remain many limitations and shortcomings, such as: the number of pending civil enforcement cases remains high; appeals and complaints about civil enforcement cases exceeding jurisdictional levels have not decreased significantly, with some cases not being resolved promptly; coordination between enforcement agencies and relevant agencies is sometimes inadequate and ineffective; the organizational structure, legal status, staffing, material resources, and operating budget of enforcement agencies, as well as policies for enforcement officers, are not commensurate with assigned tasks.

To continue strengthening and enhancing the effectiveness of civil enforcement work, creating fundamental changes in civil enforcement work in accordance with Resolution No. 07/2007/NQ-QH12 dated November 12, 2007 of the National Assembly, Session XII on the plan for socio-economic development in 2008 and Resolution No. 02/2008/NQ-CP dated January 9, 2008 of the Government on key measures to guide and implement the socio-economic development plan and state budget estimate for 2008, addressing the situation of pending enforcement cases annually, by the end of 2008, it is necessary to reduce the number of pending civil enforcement cases by at least 10% to 15% compared to 2007; resolve conclusively a number of pending appeals and complaints; the Prime Minister instructs Ministries, ministerial-level agencies, agencies under the Government, and People's Committees of provinces and centrally-run cities (hereinafter referred to as provincial People's Committees) to continue implementing Directive No. 20/2001/CT-TTg and carry out the following tasks:a) Directing civil enforcement agencies to implement comprehensive measures to gradually reduce the number of annual pending enforcement cases, immediately conducting a thorough review, verification, and classification of cases, organizing special campaigns to resolve pending enforcement cases; strengthening guidance and direction to promptly address difficulties in enforcement at the grassroots level;

1. Ministry of Justice

b) Directing civil enforcement agencies to stop transferring enforcement cases with a value not exceeding VND 500,000 to People's Committees of communes, wards, and towns (hereinafter referred to as commune-level People's Committees) for direct urging of enforcement. For transferred cases, commune-level People's Committees shall continue to urge enforcement to completion; if enforcement is not effective, civil enforcement agencies at district, county, town, and city levels under provinces shall withdraw the files for direct enforcement;

c) Taking the lead and coordinating with the Ministry of Public Security to direct civil enforcement agencies to pilot the delegation of authority to prisons to directly urge the payment of fines, confiscation proceeds, compensation to the State, tax arrears, and illicit gains... by persons serving sentences in prisons or detention centers, thereby facilitating the fulfillment of civil enforcement obligations by persons serving prison terms and serving as a basis for annual amnesty consideration;

d) Directing civil enforcement agencies to focus on resolving appeals and complaints within the prescribed time frame and in accordance with the law, minimizing new complex appeals and complaints, including those exceeding jurisdictional levels; strengthening inspection and audit activities related to enforcement, particularly in areas with numerous appeals and complaints or complex and prolonged ones, and strictly handling violations;

đ) Taking the lead and coordinating with the Supreme People's Court and the Supreme People's Procuracy in 2008 to develop a cooperation regulation for civil enforcement, promptly addressing difficulties and obstacles in civil enforcement, and effectively implementing measures for exemption and reduction of enforcement;

e) Taking the lead and coordinating with the Standing Committee and provincial People's Committees in planning, training, and capacity building for leaders and deputy leaders of civil enforcement agencies; improving the organizational structure of enforcement agencies; rotating and transferring Enforcement Officers to resolve the issue of civil enforcement agencies without a Chief Enforcement Officer or having only one Enforcement Officer.

e) Chair and coordinate with the Standing Committee, People's Committee at the provincial level in planning, training, capacity building, rotation, placement, transfer, appointment, dismissal, commendation, disciplinary action, and policies for leaders at the head and deputy levels of civil enforcement agencies; improve the organizational structure of civil enforcement agencies; transfer and rotate Enforcement Officers to thoroughly address situations where civil enforcement agencies lack a Head of Enforcement or only have one Enforcement Officer.

Pilot recruitment of a certain proportion of individuals who have served as Chairpersons or Deputy Chairpersons of People's Committees at the commune level or other key positions, possessing intermediate-level legal education, social knowledge, familiarity with the local area and population, and the ability to effectively carry out mass mobilization work, persuasion, into civil enforcement agencies at the district level in mountainous, island, remote, and underdeveloped areas facing difficulties in recruiting bachelor-degree legal officers;

g) Take the lead and coordinate with the Ministry of Finance and the Ministry of Planning and Investment to accelerate the implementation of projects aimed at enhancing material infrastructure, operational funding, building offices, and evidence storage facilities for civil enforcement agencies, ensuring that office construction is completed by 2010 and evidence storage facilities are completed by 2015;

h) Complete the preparation of the Notary Public Project report to the Central Steering Committee for Judicial Reform and the Government in the third quarter of 2008 for review and approval; coordinate with the Ho Chi Minh City Party Committee and People's Committee to organize pilot implementation in the city, while monitoring the implementation, promptly drawing lessons, summarizing, concluding, and proposing plans for implementation in other regions;

2. The Ministry of Home Affairs

Take the lead and coordinate with the Ministry of Justice to study and propose to the Government on seniority allowances and preferential policies to stabilize the work of civil enforcement officials, and attract those with qualifications, capabilities, and passion for the profession; propose reasonable staffing supplements to address the overload situation in enforcement agencies;

3. The Ministry of National Defense

a) In 2008, take the lead and coordinate with the Ministry of Finance and the Ministry of Planning and Investment to propose measures to enhance material infrastructure, build offices, evidence storage facilities, and operational funding for civil enforcement agencies within the military;

b) Direct military enforcement agencies to pilot the delegation of authority to prisons to directly urge the execution of state budget payments by persons serving sentences in prisons and detention centers;

4. The Ministry of Public Security

a) Direct public security agencies at all levels to take measures to strengthen the protection and enforcement of court orders, supporting the safety of enforcement agency offices and evidence storage facilities when necessary;

b) Direct prisons and detention centers to focus on urging persons serving sentences to execute their obligations according to the delegation of authority from civil enforcement agencies;

c) Direct investigative agencies to focus on applying provisional measures to prevent asset dissipation, ensuring the effectiveness of enforcement actions; timely transfer evidence and related documents to enforcement agencies as prescribed by law;

5. The Ministry of Finance

a) Take the lead and coordinate with the Ministry of Justice and the Ministry of Public Security to guide the collection, submission, management, and utilization of funds collected through enforcement actions by prisons and detention centers;

b) Coordinate with the Ministry of Planning and Investment, the Ministry of Justice, and the Ministry of National Defense to continue proposing measures to supplement working conditions and equipment to meet the requirements of enforcement agencies;

c) Coordinate with the Ministry of Justice to implement effective financial support measures for enforcement actions for entities established by the State and operating entirely on state budget funding, contributing to resolving pending cases;

6. The State Bank of Vietnam, Vietnam Social Security

Within their functions, tasks, and authorities, direct banks, social insurance organizations, and other credit institutions to strengthen cooperation in enforcement actions; implement decisions of enforcement agencies regarding compulsory deductions from income, account debits, and recovery of negotiable instruments from persons subject to enforcement as stipulated by the Civil Enforcement Law 2004;

7. People's Committees at all levels

Chairpersons of provincial People's Committees, district, county, town, and provincial city People's Committees direct relevant agencies to effectively implement financial support for enforcement actions; strengthen coordination between local agencies and mass organizations with enforcement agencies in enforcement activities; allocate land, provide compensation, and ensure rapid clearance of sites for enforcement agencies to construct offices and evidence storage facilities. For Hanoi and Ho Chi Minh City, the Chairpersons of the municipal People's Committees direct relevant agencies to complete land allocation, compensation, and site clearance by 2009 for civil enforcement agencies to construct offices and evidence storage facilities;

The Chairman of the Ho Chi Minh City People's Committee coordinates with the Minister of Justice to finalize the Notary Public Project, directing the Department of Justice and relevant agencies to effectively implement the pilot project in the city;

The Enforcement Steering Committees at all levels must perform well in advisory work to assist the Chairpersons of the same-level and higher-level People's Committees in strengthening coordination in civil enforcement activities;

Commune People's Committees must strengthen cooperation with enforcement agencies to effectively enforce enforcement matters within their jurisdiction;

8. Agencies and organizations must set an example in enforcing court judgments and decisions; if they deliberately delay or obstruct enforcement activities, they should be dealt with strictly according to the law;

9. Ministers, Heads of ministerial-level agencies, and Heads of government agencies within their powers and responsibilities shall develop specific plans and promptly implement this Directive;

The Ministry of Justice is responsible for supervising, urging, inspecting, and regularly reporting to the Prime Minister on the results of implementing this Directive;

This Directive takes effect fifteen days after its publication in the Official Gazette./.